COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) ACT 1993 - SECT 28
Applications to Tribunal for administrative reviews of decisions
COMMUNITY SERVICES (COMPLAINTS, REVIEWS AND MONITORING) ACT 1993 - SECT 28
Applications to Tribunal for administrative reviews of decisions
28 Applications to Tribunal for administrative reviews of decisions
(1) A person may apply to the Civil and Administrative Tribunal for an
administrative review under the Administrative Decisions Review Act 1997 of
any of the following decisions--
(b) a decision made by a
person or body under the community welfare legislation where the legislation
expressly provides that the decision is a reviewable decision for the purposes
of this section,
(c) a decision made by a service provider not to take action
recommended by the Ombudsman under section 26 of the Ombudsman Act 1974 as a
result of an investigation of a complaint under Part 4 of this Act, or to take
part only of the action so recommended,
(d) a decision made by any State
Minister, any Commonwealth Minister or any public authority, not being a
relevant decision maker, if it is within a class of decisions that, with the
consent of the Minister or public authority, is prescribed by the regulations
for the purposes of this section.
(1A) A right of review relating to a
decision of the kind referred to in subsection (1) (c) applies only to the
person from whose complaint the recommendation referred to in that paragraph
arose. Accordingly, only that person may apply to the Tribunal for a review of
that decision.
(2) In this section--
"relevant decision maker" means the following--
(a) the Minister,
(b) the
Secretary of the Department of Communities and Justice,